How to evict a roommate?

My daughter moved in to an apartment with her boyfriend. She has paid the rent and cable and cell phone bills for 2 months. He is on the lease but because he is abusive both verbally and physically, she wants him to leave. He will not. He says that since he’s on the lease, she should leave. What can she do?

Asked on January 17, 2013 under Real Estate Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Actually, only the landlord has the right to evict a tenant.  However, she should still visit with the landlord to explain the situation.  He may let her break the lease or could potentially kick out the boyfriend if there is a legal basis.

If your daughter lives in California, she may have additional relief as a victim of domestic violence.  If she seeks and obtains a protective order against the boyfriend, then the landlord is required to let her break the lease and walk away with not rent liability.  If she wants to stay in the apartment, she can request a "kickout" which means boyfriend has to leave the apartment, not your daughter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.